DEPARTMENT OF TRANSPORTATION [ 67 PA. CODE CH. 231 ] Intrastate Motor Carrier Safety Requirements [43 Pa.B. 6893]
[Saturday, November 23, 2013]The Department of Transportation, under the authority in 75 Pa.C.S. §§ 4704 and 6103 (relating to inspection by police or Commonwealth personnel; and promulgation of rules and regulations by department), amends § 231.8 (relating to additions or modifications to 49 CFR).
Purpose of Chapter
The purpose of Chapter 231 (relating to intrastate motor carrier safety requirements) is to prescribe the minimum requirements and qualifications for drivers, vehicles and other matters relating to the intrastate operation of commercial vehicles. In April 2010, the Department amended the intrastate motor carrier safety regulations to comply with the Federal motor carrier safety regulations.
Purpose of the Final-Form Rulemaking
The purpose of this final-form rulemaking is to provide the Governor with greater flexibility to waive specified provisions of the regulation and retain other provisions as effective in dealing with circumstances warranting a declaration of emergency.
Summary of Comments
The proposed rulemaking was published at 43 Pa.B. 3010 (June 1, 2013). The proposed rulemaking was submitted to the Independent Regulatory Review Commission (IRRC) and to the House and Senate Transportation Committees of the General Assembly.
Comments or objections were not received from the public, the Committees or IRRC. Consequently, changes have not been made to § 231.8 and this final-form rulemaking is adopted as proposed.
Persons and Entities Affected
This final-form rulemaking will affect commercial drivers when circumstances prompt a declaration of emergency by the Governor.
Fiscal Impact
Implementation of this final-form rulemaking will not require the expenditure of additional funds by the Commonwealth or local municipalities. This final-form rulemaking will not impose additional costs on the regulated community.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 22, 2012, the Department submitted a copy of the notice of proposed rulemaking, published at 43 Pa.B. 3010, to IRRC and the Chairpersons of the House and Senate Transportation Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 9, 2013, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective October 9, 2013.
Effective Date and Sunset Provisions
This final-form rulemaking is effective upon publication. The Department is not establishing a sunset date since this regulation is needed to administer provisions required under 75 Pa. Code (relating to Vehicle Code). The Department, however, will continue to closely monitor the regulation for its effectiveness.
Contact Person
The contact person for technical questions about the final-form rulemaking is Daryl St. Clair, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA 17105, (717) 214-1883, DSTCLAIR@pa.gov.
Order
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 231, are amended by amending § 231.8 to read as set forth at 43 Pa.B. 3010.
(b) The Secretary of the Department shall submit this order and 43 Pa.B. 3010 to the Office of General Counsel and the Office of Attorney General for approval as to legality and from, as required by law.
(c) The Secretary shall certify this order and 43 Pa.B. 3010 and deposit the same with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
BARRY J. SCHOCH, P.E.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 43 Pa.B. 6988 (November 23, 2013).)
Fiscal Note: Fiscal Note 18-432 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 13-2190. Filed for public inspection November 22, 2013, 9:00 a.m.]
